« ПретходнаНастави »
1436d. Trial of children.-4. All trials of such children as are affected by this act, shall be held in chambers or in the juvenile court room. The judge of such court shall designate a certain time for the trials of such cases, and is hereby empowered to exclude from the court room at such trials any and all persons that in his opinion are not necessary for the trial of the case. The probation officer shall be present at every trial in the interest of the child on trial.
1436e. Transfer of causes.-5. The judge of the circuit court, in counties where a superior court is established, shall have authority, if necessary, to enable such judge better to discharge his duties as judge of the juvenile court, to transfer to such superior court causes pending in such circuit court of which such superior court has concurrent jurisdiction.
1436f. Reports by probation officers, visits.-6. Said Probation officer shall report his disposition of any child placed in his charge to the judge of the juvenile court, also to the Board of State Charities. Unless excused by the court, he shall visit every child placed in his charge twice a year at least, and as much oftener as may seem to the court to be necessary, and he shall make a report of each visit to a child to the court and to the Board of State Charities, which report shall set forth the conditions surrounding the child at the time of the visit.
1436g. Custody of children, pay.-7. No court or magistrate or peace officer shall place a child under the age of fourteen years in any jail or police station or lock-up pending trial, but if such child is unable to give bail, it may be placed in the care of the sheriff, police matron or probation officer, who shall keep such child in some suitable place, provided by the county, pending the final disposition of its case; said county shall have the power to contract for their care with any association or individual possessing facilities for safe keeping and proper care of such children, situated within the State of Indiana: Provided, That such facilities and care shall have the approval of the Board of State Charities, and that a per diem not to exceed that allowed by law to the Board of Children's Guardians shall be the compensation to such association or individual for such care of any child placed in charge: And provided, That the actual expenses of the transfer of a child to and from such place of care shall be paid by the county on itemized vouchers, in accordance with law, and in all preliminary proceedings against the child, said child shall not appear in person before the court or magistrate, but shall be represented there by the probation officer: Provided, That when a complaint is made by a Board of Children's Guardians in the case of a neglected or ill-treated child, the circuit judge may place said child in the care of the probation officer pending final hearing, in which case the duties of such probation officer shall be the same as pertain to the children contemplated by this act: And provided, That in any county where no probation officer shall have been appointed, the truant officer of that county designated by the judge of the circuit court shall act as probation officer, and re
ceive the same compensation specified in section 2 for such services as he may render as probation officer.
1436h. Inspection by board of charities.-8. All associations or individuals maintaining institutions and receiving children under this act shall be subject to the same visitation, inspection and supervision by the Board of State Charities as are the public charitable and penal institutions of this State, and it shall be the duty of said Board of State Charities to pass annually upon the fitness of every such association or individual as may receive, or desire to receive, children under the provisions of this act, and every such association or individual shall annually, at such time as said board shall direct, make report thereto, showing its condition, management and competency to adequately care for such children as are, or may be, committed to it, and such other facts as said board may require, and upon said board being satisfied that such association or individual is competent and has adequate facilities to care for such children, it shall issue to the same a certificate to that effect, which certificate shall continue in force for one year, unless sooner revoked by said board, and no child shall be committed to any such association or individual which shall not have received such certificate within fifteen months next preceding the commitment. The court may, at any time, require from any such association or individual receiving or desiring to receive children under the provisions of this act such reports, information and statements as the judge shall deem proper or necessary for his action, and the court shall in no case be required to commit a child to any association or individual whose standing, conduct or care of children or ability to care for the same is not satisfactory to the court: Provided, That all institutions in this State devoted to the care of dependent, neglected and orphan children, whether supported in whole or in part by public funds, or receiving no public aid, shall be visited and inspected by said Board of State Charities.
14361. Incorporation of associations.-9. No association whose objects. may embrace the caring for dependent, neglected or delinquent children shall hereafter be incorporated in this state unless the proposed articles of incorporation shall first have been submitted to the Board of State Charities, and the secretary of state shall not issue a certificate of incorporation unless there shall be first filed in his office the certificate of said Board of State Charities that said board has examined the said articles of incorporation and that in the judgment of said board the incorporators are reputable persons, that the proposed work is needed, and the incorporation of such association is desirable and for the public good; amendments proposed to the articles. of incorporation or association having as its object the care and disposal of dependent, neglected or delinquent children shall be submitted in like manner to the Board of State Charities, and the secretary of state shall not record such amendment or issue his certificate therefor unless there shall first be filed in his office a certificate of the Board of State Charities that they have examined the said amendment, that
the association is in their judgment performing in good faith the work undertaken by it, and that the said amendment is, in their judgment, a proper one and for the public good.
1436j. Liberal construction.-10. This act shall be liberally construed, to the end that its purpose may be carried out, to wit: That the care, custody and discipline of the child may approximate as nearly as may be that which should be given by its parents, and in all cases where it can properly be done, the child is to be placed in an approved family home and become a member of the family, by legal adoption or otherwise.
[Acts 1905, p. 440. In force April 15, 1905.]
1436k. Delinquent child defined.-1. That the words "delinquent child" shall include any boy under the full age of sixteen years and any girl under the full age of seventeen years who shall violate any law of this state or any ordinance of a city; or who is incorrigible; or who knowingly associates with thieves or other vicious or immoral persons; or who is growing up in idleness or crime; or who knowingly visits or patronizes any policy shop or place where any gaming device is or shall be operated; or who patronizes, visits or enters any saloon or wine room where intoxicating liquors are sold; or who knowingly patronizes, visits or enters any public pool room or bucket shop; or who wanders about the street of any city in the night time without being on any lawful business or occupation; or who wanders about in any railroad yards or upon railroad tracks; or who jumps upon any moving train or enters any car or engine without lawful authority; or who uses vile, obscene, vulgar, profane or indecent language; or who smokes cigarettes; or who loiters about any school building or school yard; or who is guilty of indecent or immoral conduct. Any boy under the full age of sixteen years or any girl under the full age of seventeen years who shall commit any of the acts herein specified shall be deemed a delinquent child and shall be proceeded against as such in the manner provided by law for the prosecution of persons charged with misdemeanors, and upon conviction thereof may be released on probation or may be dealt with by the court in such manner as may appear to be for the best interest of the child.
14361. Encouraging delinquency-Penalty.-2. It shall be unlawful for any person to cause or encourage any boy under the full age of sixteen years or any girl under the full age of seventeen years to commit any act of delinquency as defined and specified in section one (1) of this act, or for any purpose to send, or cause to be sent, any such child to any house of prostitution, or to any saloon or wine room where intoxicating liquor is sold, or to any policy shop or gambling place, or to any pool room or bucket shop, knowing them to be such; or to knowingly encourage, contribute to or in any way cause any such child to violate any law of this state or the ordinances of any city; or to knowingly permit, contribute to, encourage or cause any such child to be guilty of any vicious or immoral conduct; and any
person so offending shall be guilty of a misdemeanor and shall be tried for such offense in any court of competent jurisdiction, and upon conviction thereof shall be punished by fine or imprisonment or both: Provided, however, That if at the hearing of any child brought before any juvenile court, it shall appear that any person has violated any of the provisions of this section, the judge of said court may have such person brought before him upon proper warrant, and, if upon preliminary examination, it shall appear that such person is probably guilty of the offense charged, he shall be recognized as recognizances are now provided by law, to appear at the next term of the criminal court of said county, or if there be no criminal court, then of the circuit court of said county.
1436m. Penalty for violation.-3. Any person who shall be convicted. of violating any of the provisions of section two (2) of this act shall be fined in any sum not exceeding five hundred dollars ($500.00) or imprisoned in the county jail or workhouse for a period not exceeding six (6) months, or punished by both such fine and imprisonment. The court may impose conditions upon any person found guilty under this act, and so long as such person shall comply therewith to the satisfaction of the court the sentence imposed or any part thereof may be suspended: Provided, That no such sentence or the execution thereof shall be stayed or suspended to exceed a period of two years; and if, upon the expiration of such time, or any time prior thereto as the court. may deem proper, it shall appear to the satisfaction of the court that such person has complied faithfully with the condition imposed, the court may suspend such judgment and sentence absolutely, in which case such person shall be released therefrom. If at any time during the suspension of such sentence it shall be made to appear to the satisfaction of the court that the judgment ought to be enforced, the court hall have power to revoke the suspension of such judgment and stay of execution thereunder and may enforce the same, and in such case the term of such sentence shall commence from the date upon which the same is ordered to be enforced.
ARTICLE 6.-INCIDENTAL MATTERS.
1439h. Allowances to circuit and superior 1461. Jury from bystanders.
Adjourned terms of court.
Sheriff adjourns-Adjourned term. 1446. Special judge, appointment. 1451. Jurors, qualifications, challenge. 1459. Jury fee, pay of jurors.
Powers of master commissioners. Shorthand report of evidence, certificate. 1475a. Perfecting bills of exceptions. 1477. Laws repealed. 1480.
Allowances, warrants on treasurer.
[Acts 1903, p. 524. In force April 23, 1903.]
Allowances to circuit and superior court judges.-1. That there shall be allowed to the judge of each circuit, and to the judge
of each superior court district, containing more than one county, in addition to the salary now provided by law, the sum of three hundred dollars per annum, which allowance shall be added to the salary of such judge in lieu of traveling expenses.
1443. Adjourned terms of court.
Whenever the business pending in a court remains undisposed of at the end of the term, the court may be adjourned to a time in vacation and then proceed with the business of the court as a part of the regular term, and such term may continue beyond the time fixed for the beginning of a regular term of court in another county of the same circuit. Wheeler v. State, 158 Ind. 687.
When a court finally adjourns for the term, the court can not again be convened for the transaction of business except as an adjourned term as provided by statute. State v. Hindman, 159 Ind. 586.
1445. Sheriff adjourns-Adjourned term.
An adjourned term of court may be held by a special judge during the time that a regular term is being held by the regular judge in another county of the same circuit. Wheeler v. State, 158 Ind. 687.
1446. Special judge, appointment.
Section 1446, Burns' R. S. 1901, concerning the appointment of special judges was repealed by the act of 1881, section 419, Burns' R. S. 1901. Kissel v. Lewis, 156 Ind. 233.
1451. Jurors, qualifications, challenge.
If persons who have served on special juries at a term are afterwards selected to fill vacancies on the regular panel, they can not be challenged because of jury service within a year. City of Michigan City v. Phillips, 163 Ind. 449.
When a jury is voluntarily accepted by a party without having exhausted his peremptory challenges, he can not complain of the action of the court in permitting jurors to serve who had served as jurors within a year. Indianapolis Ry. Co. v. Bordenchecker, 33 App. 138.
1459. Jury fee, pay of jurors.
The per diem of jurors is fixed by law, and courts have no authority to make extra allowances for night service. Monroe v. State, 157 Ind. 45.
The fees of jurors on a struck jury are to be paid by the party requiring such jury, and are not chargeable to the county. Board v. Board, 27 App. 378.
1461. Jury from bystanders.
Whenever a cause is regularly reached for trial and there is no regular jury in attendance, the court may direct a jury to be summoned from the bystanders. Albany Land Co. v. Rickel, 162 Ind. 222.
[Acts 1903, p. 237. In force March 9, 1903.]
1468. Powers of master commissioners.-418. Such master commissioner shall have the powers and discharge the duties herein mentioned, which have heretofore been performed by masters in chancery, so far